View Full Version : Marrying a green card holder and then applying for H1
tejaswi
26th September 2005, 12:56 AM
Hello,
I have seen variants of my question but none that conclusively answered all aspects of my problem. So, please do help me if you can.
I am currently on an expired F1 visa and will be going to India to renew my F1. I will then be marrying my fiancee who is a green card holder studying in India. I am planning to come back to US on my new F1 visa, finish school (in <6 months), get a job and apply for my H1. She will join me in US after her studies in India are over which will be 3 months after I intend to enter US.
I am not clear about the issues involved.
1. Is it okay to enter US on F1 after I am married to a green card holder? (I won't be applying for any green card as her dependent).
2. Will my H1 be rejected when I apply for it from US after school because I am married to a green card holder?
I would greatly appreciate your input.
-Teja
amishah
26th September 2005, 11:09 AM
Getting married to a GC holder and entering US on F1 may cause problem since both have different intention. Infact you may not get F1 once they comes to that you are married to a GC holder.
Getting H1 while married to a GC holder is not a problem.
tejaswi
26th September 2005, 06:09 PM
Hi Amishah,
Thank you for your prompt reply. I am going to apply for my F1 visa from India before my marriage. Assuming that I get my F1 (which I think I will because, 1. I have a strong academic record with no negatives, 2. At the time of the application, I would still be single), will I have problems entering US on F1? Can they deny me admission into US because I am married to a GC holder?
-Teja
amishah
27th September 2005, 10:48 AM
Hi Amishah,
Thank you for your prompt reply. I am going to apply for my F1 visa from India before my marriage. Assuming that I get my F1 (which I think I will because, 1. I have a strong academic record with no negatives, 2. At the time of the application, I would still be single), will I have problems entering US on F1? Can they deny me admission into US because I am married to a GC holder?
-Teja
I am not sure the consequences at admission to US. Please contact an immigration lawyer.
tejaswi
27th September 2005, 06:10 PM
Hi Amishah,
Thank you very much for the information. I see that I need to get some information from immigration lawyers. If I find more answers, I'll post them here for people with the same problems as me. Thanks again!
-Teja
hopeofgc
28th September 2005, 02:40 PM
I am not sure the consequences at admission to US. Please contact an immigration lawyer.
Hi amishah, My friend who is in US on H1B and applied for GC (Labor stage currently though), is planning to get married to GC holder in India. She is pursuing her master's education in India. She got GC through her family based green card. So, she keeps her GC active by visiting US for every 6 months or 1yr.
1) Can he come back to US on H1B visa after getting married to GC holder?
2) For him to obtain GC, does he need to apply for new GC process based on his spouse GC, family based GC or something?
Please reply gurus.
Thanks
ari4u
28th September 2005, 03:32 PM
Hi amishah, My friend who is in US on H1B and applied for GC (Labor stage currently though), is planning to get married to GC holder in India. She is pursuing her master's education in India. She got GC through her family based green card. So, she keeps her GC active by visiting US for every 6 months or 1yr.
1) Can he come back to US on H1B visa after getting married to GC holder?
2) For him to obtain GC, does he need to apply for new GC process based on his spouse GC, family based GC or something?
Please reply gurus.
Thanks
Hi. Pl try not to multiple post. Look here...
http://www.immigrationportal.com/showthread.php?p=1259736#post1259736